A5-1_JA_Expert_Witness_Memorandum.PDF

Control No. SWF-17-0460

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: U.S. Army Corps of Engineers, Fort Worth District, Contracting Division, Fort Worth TX 76102

2. Description of Action: The contractor will provide construction Schedule analysis and expert testimony in support of the Fort Worth District’s analysis and resolution of requests for equitable adjustments on the Fort Bliss, Texas Hospital project.

3. Description of Supplies/Services: The proposed contractor will evaluate the merit and quantum of the claim allegations concerning delay, acceleration and lost labor productivity, report on the findings of that evaluation.

The contract will be structured with a base consisting of schedule analysis. The estimated total value of the services is $150,000.00.

4. Authority Cited: 10 U.S.C. § 2304(c) (3), and FAR 6.302-3. -- Industrial Mobilization;

Engineering, Developmental, or Research Capability; or Expert Services.

5. Reasons for Authority Cited: The following items describe how and why it is in the best interest of the Government to Sole Source the expert witness contract:

Specifically in 10 U.S.C. § 2304(c)(3)(C) the cited authority allows services of an expert for use to be procured, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify. The Government requires an expert to be trustworthy and reliable beyond a doubt with professional and educational credentials.

Specifically in FAR 6.302-3(a) (2) (iii) the cited authority allows full and open competition need not be provided for when it is necessary to award the contract to a particular source or sources in order.

To acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Dr. William Ibbs is recognized as an expert on construction scheduling and loss of productivity claims, which is the expertise the Government will need to be successful in defending against the claimant.

Dr. Ibbs' recognition within the construction management industry and his valuable experience as an expert witness will shorten the time necessary for him to prepare a report for mediation and trial and will reduce the risk of objections to the Government's selection of an expert witness.

6. Efforts to obtain Competition: Based on the information proved in paragraph 5 (above), competition was not feasible for the requirement as only Dr. Ibbs has the necessary prerequisite knowledge and experience to complete the task on schedule.

7. Actions to Increase Competition: There is no action required to increase competition.

8. Market Research: An Internet search was conducted to identify experts in the field of construction scheduling with an emphasis on productivity losses resulting from the accumulation of multiple impacts, which is a primary assertion of the claimant. Several potential experts were identified through the search. A survey of publications from those potential experts was then conducted and Dr. Ibbs was identified as the individual with the greatest breadth and depth of research and the greatest number of professional publications in the area of construction labor productivity and loss of productivity on construction projects from multiple impacts

9. Interested Sources: At this time there are no other known interested sources.

10. Other Facts:

a. Procurement history: This contractor has satisfactory past performance performing expert witness testimony for the Government and previous claims in construction litigation for negotiation purposes.

(1) Contract numbers and dates of the last several awards are listed in Table 1: Procurement

History below.

(2) Competitive status of these actions are listed in Table 1: Procurement History below.

Table 1: Procurement History with, “The IBBS Consulting Group”:

Contract

Number(s)

Award

Amount including

Modifications

(Amount dollars in thousands)

Date

Initially

Awarded

Type of

Contract

(e.g. FFP, T&M, CPAF, etc.)

Competition

Used (e.g.

Full/Open, Fair

Opportunity, Sole Source, etc.)

Business

Type

(e.g. SB, SDVOSB, etc.)

W9126G-

14-C-0060 $169,221.40

24-Sep-14 T&M Sole Source SB

W9126G-

14-C-0055 $199,168.10

28-Aug-14 T&M Sole Source SB

W9126G-

15-C-0022 $130,409.00

13-Oct-15 Labor Hours

& FFP

Sole Source SB

W9126G-

16-P-0255 $136,600.00

29-Sep-15 FFP/T&M Sole Source SB

W9126G-

17-P-0001 $149,900.00

31-Oct-16 T&M Sole Source SB

11. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Date: Signature:

Ryan Sands, Contract Admin Branch

12. REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Date: Signature:

Charles L. Webster, Office of Counsel

13: Fair and Reasonable Cost Determination: “I hereby determine that the anticipated cost for this contract action will be fair and reasonable. Cost and price analysis techniques will be the basis for this determination. The estimated cost does not meet the threshold for certified cost or pricing data”

Date: Signature:

John Rodgers, Contracting Officer

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

APPROVAL

Contracting Officer’s Approval: I hereby certify that this justification is accurate and completed to the best of my knowledge and belief. Based on the foregoing, I approved this sole source justification subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Date: Signature:

John Rodgers, Contracting Officer